Hemherd v. State

Full title: Henry HEMHERD, Appellant, v. The STATE of Florida, Appellee

Court: District Court of Appeal of Florida, Third District

Date published: Apr 20, 2005

898 So. 2d 1213 (Fla. Dist. Ct. App. 2005)

Opinion

No. 3D04-3164.

April 20, 2005.

An Appeal under Florida Rule of Appellate Procedure 9.141(b)(2) from the Circuit Court for Miami-Dade County, Victoria S. Sigler, Judge.

Henry A. Hemherd, in proper person.

Charles J. Crist, Jr., Attorney General, for appellee.

Before COPE, GREEN, and WELLS, JJ.

PER CURIAM.

Affirmed.

GREEN and WELLS, JJ., concur.

COPE, J. (concurring).

If the appellant contends that the Department of Corrections has not awarded him the correct amount of credit for time served (as reflected on the sentencing order and jailer's certificate), the appellant must first exhaust his administrative remedies within the Department of Corrections before seeking relief in court. See Cordova v. State, 855 So.2d 216 (Fla. 3d DCA 2003).